HomeMy WebLinkAboutOrd 429 Amending the Unified Development Code Owners Dedication on a platTOWN OF WESTLAKE
ORDINANCE NO. 429
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE
UNIFIED DEVELOPMENT CODE, ARTICLE XIII, SUBDIVISIONS, SECTION 2.6 (C)
REGARDING THE SUBMITTAL REQUIREMENTS FOR A FINAL PLAT, BY
ADDING A NEW SECTION 2.6 (C) 21 TO ESTABLISH THE OWNER'S DEDICATION
AND PLAT TEMPLATE TO BE PLACED ON ALL FINAL PLATS; PROVIDING FOR
A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Unified Development Code, Article XIII, Subdivisions, Section
2.6 (C) be amended to create a new Section 2.6 (C) 21, to read as follows:
21. That all residential final plats contain the following owner's dedication language:
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
THAT [Name of Property Owner(s)] DO HEREBY ADOPT
THIS PLAT, DESIGNATING THE HEREIN ABOVE DESCRIBED
PROPERTY AS [Name of Subdivision] , AN ADDITION TO THE
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS. THE EASEMENTS
THEREON ARE HEREBY RESERVED FOR THE PURPOSES INDICATED.
THE UTILITY AND FIRE LANE EASEMENTS SHALL BE OPEN TO THE
PUBLIC, FIRE AND POLICE UNITS, GARBAGE AND RUBBISH
COLLECTION AGENCIES AND THE PUBLIC AND PRIVATE UTILITIES
SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE FOR THE
USE OF A PARTICULAR EASEMENT. THE MAINTENANCE OF PAVING
OR ANY OTHER SURFACE ON THE UTILITY AND FIRE LANE
EASEMENTS IS THE SOLE RESPONSIBILITY OF THE PROPERTY
OWNER. NO BUILDINGS; FENCES, TREES, SHRUBS OR OTHER
IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED,
RECONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE
EASEMENTS AS SHOWN. SAID EASEMENTS BEING HEREBY
RESERVED FOR MUTUAL USE AND ACCOMMODATION OF ALL
PUBLIC UTILITIES SPECIFICALLY APPROVED BY THE TOWN OF
WESTLAKE. ANY PUBLIC UTILITY SPECIFICALLY APPROVED BY THE
TOWN OF WESTLAKE TO USE A PARTICULAR EASEMENT SHALL
HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PART OF
ANY BUILDINGS, FENCES, TREES, SHRUBS OR OTHER
IMPROVEMENTS OR GROWTHS WHICH IN ANY WAY MAY
ENDANGER OR INTERFERE WITH THE CONSTRUCTION,
MAINTENANCE, OR EFFICIENCY OF ITS SYSTEM ON THE EASEMENT
AND THAT PUBLIC UTILITY SHALL AT ALL TIMES HAVE FULL RIGHT
OF INGRESS AND EGRESS TO OR FROM AND UPON THE EASEMENT
FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING,
INSPECTING, PATROLLING, MAINTAINING AND ADDING TO OR
REMOVING ALL OR PART OF ITS SYSTEM, SUBJECT TO COMPLYING
WITH ALL ORDINANCES, RULES, REGULATIONS AND RESOLUTIONS
OF THE TOWN OF WESTLAKE, TEXAS. THE TOWN OF WESTLAKE,
TEXAS, AND THE PUBLIC UTILITY SHALLHAVETHE RIGHT OF
INGRESS AND EGRESS TO PRIVATE PROPERTY FOR THE PURPOSE OF
READING METERS, MAINTENANCE AND SERVICE REQUIRED OR
ORDINARILY PERFORMED BY THAT UTILITY.
WATER MAIN AND WASTEWATER EASEMENTS SHALL ALSO
INCLUDE ADDITIONAL AREA OF WORKING SPACE FOR
CONSTRUCTION AND MAINTENANCE OF THE SYSTEMS.
ADDITIONAL AREA IS ALSO CONVEYED FOR INSTALLATION AND
MAINTENANCE OF MANHOLES, CLEANOUTS, FIRE HYDRANTS,
WATER SERVICES AND WASTEWATER SERVICES FROM THE MAIN TO
THE CURB OR PAVEMENT LINE. DESCRIPTION OF THESE
ADDITIONAL EASEMENTS HEREIN GRANTED SHALL BE
DETERMINED BY THEIR LOCATION AS INSTALLED.
THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDINANCES,
RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF
WESTLAKE, TEXAS.
WITNESS MY HAND THIS THE DAY OF
Name of Property Owner(s)]
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND
FOR SAID COUNTY AND STATE, ON THIS DAY PERSONALLY
APPEARED (Name of Property Owner(s)] , KNOWN TO ME TO BE
THE ONE WHOSE NAME IS SUBSCRIBED TO THE FOREGOING
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INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED
THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN
EXPRESSED.
NOTARY PUBLIC, STATE OF TEXAS
That all -non-residential final plats contain the following owner's dedication
language:
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
THAT 'DO HEREBY ADOPT THIS PLAT,
DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS
, AN ADDITION TO THE
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS. THE
EASEMENTS THEREON ARE HEREBY RESERVED FOR THE
PURPOSES INDICATED, AND IN ACCORDANCE WITH THE
EASEMENT DOCUMENTS FILED WITH THE TOWN OF
WESTLAKE AND TARRANT COUNTY. THE UTILITY AND FIRE
LANE EASEMENTS SHALL BE OPEN TO FIRE AND POLICE
UNITS, GARBAGE AND RUBBISH COLLECTION AGENCIES AND
THE PUBLIC AND PRIVATE UTILITIES FOR WHICH THE
EASEMENT IS RESERVED, AND AS SPECIFICALLY APPROVED
BY THE TOWN OF WESTLAKE FOR THE USE OF A PARTICULAR
EASEMENT. THE MAINTENANCE OF PAVING OR ANY OTHER
SURFACE ON THE UTILITY AND FIRE LANE EASEMENTS IS
THE SOLE RESPONSIBILITY OF THE PROPERTY OWNER. NO
BUILDINGS, OR OTHER PERMANENT IMPROVEMENTS SHALL
BE CONSTRUCTED, RECONSTRUCTED OR PLACED UPON, OVER
OR ACROSS THE EASEMENTS AS SHOWN. SAID EASEMENTS
BEING HEREBY RESERVED FOR USE AND ACCOMMODATION
OF ALL PUBLIC UTILITIES FOR WHICH THE EASEMENT IS
RESERVED, AND AS SPECIFICALLY APPROVED BY THE TOWN
OF WESTLAKE. ANY PUBLIC UTILITY FOR WHICH THE
EASEMENT IS RESERVED, AND AS SPECIFICALLY APPROVED
BY THE TOWN OF WESTLAKE TO USE A PARTICULAR
EASEMENT SHALL HAVE THE RIGHT TO REMOVE AND KEEP
REMOVED ALL OR PART OF ANY BUILDINGS OR OTHER
IMPROVEMENTS WHICH IN ANY WAY MAY ENDANGER OR
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INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR
EFFICIENCY OF ITS SYSTEM IN THE EASEMENT AND THAT
PUBLIC UTILITY SHALL AT ALL TIMES HAVE FULL RIGHT OF
INGRESS AND EGRESS UPON THE EASEMENT FOR THE
PURPOSE OF CONSTRUCTING, RECONSTRUCTING,
INSPECTING, PATROLLING, AND MAINTAINING AND ADDING
TO OR REMOVING ALL OR PART OF ITS SYSTEM, SUBJECT TO
COMPLYING WITH ALL ORDINANCES, RULES, REGULATIONS
AND RESOLUTIONS OF THE TOWN OF WESTLAKE, TEXAS, AND
IN ACCORDANCE WITH THE EASEMENT DOCUMENTS FILED
WITH THE TOWN OF WESTLAKE AND TARRANT COUNTY. THE
TOWN OF WESTLAKE, TEXAS, AND THE PUBLIC UTILITY
SHALL HAVE THE RIGHT OF INGRESS AND EGRESS TO
PRIVATE PROPERTY FOR THE PURPOSE OF READING METERS,
MAINTENANCE AND SERVICE REQUIRED OR ORDINARILY
PERFORMED BY THAT UTILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS
PLAT, THE OWNERS, FOR THEMSELVES AND THEIR
SUCCESSORS AND ASSIGNS, RESERVE AND RETAIN THE
RIGHT TO GRANT OTHER RIGHTS AND EASEMENTS ACROSS,
OVER OR UNDER THE EASEMENT TRACT(S) TO SUCH OTHER
PERSONS AS THE OWNERS DEEM PROPER, PROVIDED SUCH
OTHER GRANTS ARE SUBJECT TO THE EASEMENTS TO THE
TOWN OF WESTLAKE GRANTED IN THE EASEMENT
DOCUMENTS, AND THE USES GRANTED DO NOT MATERIALLY
INTERFERE WITH THE USE OF SAID EASEMENTS BY THE
TOWN OF WESTLAKE FOR THE PURPOSES SET FORTH HEREIN
AND THE TOWN APPROVES SAID ADDITIONAL EASEMENTS OR
ADDITIONAL USES IN WRITING. ANY DAMAGES TO
FACILITIES LOCATED IN SAID EASEMENTS AS A RESULT OF
THE USE GRANTED TO SUCH OTHER PERSON SHALL BE
PROMPTLY REPAIRED BY SUCH OTHER PERSON, AND THE
TOWN OF WESTLAKE SHALL HAVE NO RESPONSIBILITY FOR
ANY DAMAGE TO SUCH OTHER PERSON'S FACILITIES IN
CONNECTION WITH THE USE OF SAID EASEMENT BY THE
TOWN OF WESTLAKE.
IN ADDITION, NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN THIS PLAT, THE OWNERS, AND THEIR
SUCCESSORS AND ASSIGNS, MAY USE THE EASEMENT
TRACT(S) IDENTIFIED IN THE EASEMENT DOCUMENTS, AND
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SHOWN WITHIN THE BOUNDARIES OF THE PLATTED
PROPERTY FOR PAVING, PEDESTRIAN WALKWAY, PARKING,
LANDSCAPING AND AERIAL IMPROVEMENT PURPOSES (THE
"IMPROVEMENTS"), WHICH DO NOT MATERIALLY INTERFERE
WITH OR PREVENT THE USE BY THE TOWN OF WESTLAKE OF
SAID EASEMENTS FOR THE PURPOSES SET FORTH HEREIN.
ANY DAMAGES TO FACILITIES LOCATED IN THE EASEMENTS
IDENTIFIED ON THE PLATTED PROPERTY AS A RESULT OF
SUCH USES SHALL BE PROMPTLY REPAIRED BY THE THEN -
CURRENT OWNER OF THE PLATTED PROPERTY THAT CAUSED
SUCH DAMAGE, AND THE TOWN OF WESTLAKE SHALL HAVE
NO RESPONSIBILITY FOR ANY DAMAGES TO THE
IMPROVEMENTS IN CONNECTION WITH THE USE OF SAID
EASEMENTS BY THE TOWN OF WESTLAKE.
THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING
ORDINANCES, RULES, REGULATIONS AND RESOLUTIONS OF
THE TOWN OF WESTLAKE, TEXAS.
WITNESS MY HAND THIS THE DAY OF
Los
[Name of Property Owner(s)]
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND
FOR SAID COUNTY AND STATE, ON THIS DAY PERSONALLY
APPEARED [Name of Property Owner(s)] , KNOWN TO ME TO BE
THE ONE WHOSE NAME IS SUBSCRIBED TO THE FOREGOING
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED
THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN
EXPRESSED.
NOTARY PUBLIC, STATE OF TEXAS
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SECTION 2: All provisions of the Unified Development Code not hereby amended
shall remain in full force and effect.
SECTION 3: Sections, paragraphs, sentences, phrases, clauses and words of this
ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this
ordinance or application thereof to any person or circumstances are held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance, and the Board of Aldermen hereby declares that it
would have passed such remaining portions of this ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
SECTION 4: This ordinance shall be cumulative of all other ordinances the Town of
Westlake affecting the regulation of development and shall not repeal any of the provisions of
those ordinances, except in those instances where the provisions of those ordinances are in direct
conflict with the provisions of this ordinance.
SECTION 5: It shall be unlawful for any person to violate any provision of this
ordinance, and any person violating or failing to comply with any provision hereof shall be fined,
upon conviction, in an amount not more than $2,000.00 per violation, or such amount as allowed
by law, and a separate offense shall be deemed committed each day during or on which a
violation occurs or continues.
SECTION 6: This ordinance shall become effective upon its passage by the Board of
Aldermen.
PASSED AND APPROVED ON THIS 23RD DAY OF SEPTEMBER, 2002.
ATTEST:
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ing rosswy, Town 9bcretary
Scott Bradley, Mayor J,
Trent Petty, Town Manager
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zt� PUBLISBER of the Alliance Region
Newspapers of Haslet, Texas, a n�wspaper of general circulation which has been
published in Denton County regularly and continuously for a period of one year prior t
the first day of publication of this notice, solemnly swear that the notice hereto attache
was published in the Alliance Regional Newspapers, on the following dates, to -wit: I
Publisher
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SUBSCRIBED AND SWORN TO before me on the ///da-yof
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Notary Public
STATE OF TEXAS
M'._Comm,Ex',08109/2003 NOTARY PUBLIC, STATE OF TEXAS